Thomas Developments Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 301

Land and Environment Court of New South Wales

CITATION : Thomas Developments Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 301 APPLICANT Thomas Developments Pty Ltd PARTIES : RESPONDENT Lake Macquarie City Council FILE NUMBER(S) : 11150 of 2003 CORAM: Hussey C KEY ISSUES: Costs :- Application - Class 1 development application LEGISLATION CITED: Land and Environment Court Rules (Amendment 8 2003) CASES CITED: DATES OF HEARING: 21/04/2004 DATE OF JUDGMENT: 06/23/2004

APPLICANT Dr S Beverling, barrister SOLICITORS Michell Sillar LEGAL REPRESENTATIVES: RESPONDENT Mr G Long, solicitor

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11150 of 2003 Hussey C 23 June 2004 Thomas Developments Pty Ltd Applicant

v Lake Macquarie City Council Respondent Judgment

Background

1 . This costs application arises from an appeal against council's deemed refusal of a subdivision application for 10 residential lots at Lot 12, DP 343815, Freemans Drive, Morriset. The applicant submits that because the council indicated just before the hearing that no further evidence would be presented, then costs incurred at the hearing should be allowed.

2 . This costs application is made on the basis of the Land and Environment Court Rules (Amendment No. 8) 2003 (the Rules), which came into effect and amended the basis for costs in Class 1cases and now provide: (2) No order for the payment of costs will be made in proceedings to which this Rule applies unless the Court considers that the making of cost order is, in the circumstances of the particular case, fair and reasonable.